The New Zealand Herald

Herald wins bid to name crash thief

- — Sam Hurley

A judge’s decision to permanentl­y suppress the name of a man who helped a crash victim before robbing her has been quashed after a challenge by the Herald.

Judge David McNaughton, who sits at the Manukau District Court, suppressed the man’s name in August because of concerns his alcohol and drug rehabilita­tion at Odyssey House could be severely compromise­d if he was identified.

But the Herald challenged the decision in the High Court and Justice Timothy Brewer ruled in its favour.

The offender, who did not produce any evidence of attending the rehab clinic, can still not be named after his lawyer, Devon Kemp, indicated he will seek to challenge Justice Brewer’s decision in the Court of Appeal.

The man first helped, then robbed Shevaughn Johnstone moments after she was involved in a serious crash in Papakura last year.

Paramedics were unable to identify Johnstone in the crumpled car because her wallet had been stolen.

“In my view, Judge McNaughton erred in both assessment­s,” Justice Brewer’s decision reads.

he said Judge McNaughton should have extended interim name suppressio­n for the time the offender was in rehab to curb his concerns.

Judge McNaughton also failed to inquire about Johnstone’s views.

When told of the High Court decision, Johnstone said she was thrilled. She wanted him named for the good of the community.

Judge McNaughton also erred by suppressin­g the offender’s name relating to other charges he faced, Justice Brewer said.

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